X10 and Queensland Building and Construction Commission [2024] QICmr 37 (13 August 2024)

Application number:
317189
Applicant:
X10
Respondent:
Queensland Building and Construction Commission
Decision date:
Tuesday, Aug 13, 2024
Catchwords:

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - EXEMPT INFORMATION - LEGAL PROFESSIONAL PRIVILEGE - communications between lawyer and client - whether communications attract privilege - sections 47(3)(a) and 48 and schedule 3, section 7 of the Right to Information Act 2009 (Qld)

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - EXEMPT INFORMATION - PARLIAMENTARY PRIVILEGE - briefing notes prepared for use in Parliament - whether communications attract privilege - sections 47(3)(a) and 48 and schedule 3, section 6(c)(i) of the Right to Information Act 2009 (Qld)

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - EXEMPT INFORMATION - PRESCRIBED CRIME BODY - investigative material - whether obtained, used or prepared for an investigation by a prescribed crime body or another agency - whether investigation is about the applicant - sections 47(3)(a) and 48 and schedule 3, section 10(4) of the Right to Information Act 2009 (Qld)

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - EXEMPT INFORMATION - DISCLOSURE PROHIBITED BY AN ACT - public interest disclosure information - whether disclosure is prohibited under section 65(1) of the Public Interest Disclosure Act 2010 (Qld) - sections 47(3)(a) and 48 and schedule 3, section 12(1) of the Right to Information Act 2009 (Qld)

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - CONTRARY TO THE PUBLIC INTEREST INFORMATION - personal information and privacy of individuals - unsubstantiated allegations - prejudice to management function of an agency - prejudice to future supply of confidential information - whether disclosure would, on balance, be contrary to the public interest - sections 47(3)(b) and 49 of the Right to Information Act 2009 (Qld)

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - DOCUMENTS NONEXISTENT OR UNLOCATABLE - applicant submits agency did not locate all relevant documents - scope of access application - whether agency has conducted all reasonable searches - whether applicant has discharged onus - whether access to further documents may be refused on the basis they are nonexistent or unlocatable - sections 47(3)(e) and 52(1) of the Right to Information Act 2009 (Qld)